GALPO, Joseph Paolo B.

February 7, 2020
2018-0371 Civil Procedure

The primordial reason to which the Supreme Court deems it necessary to

emphasize ‘Calendar Days’ in the proposed is to distinguish it, among others, with
‘Working Days’ or ‘Business days.’

On the one hand, a ‘Calendar Day’ means period of 24 consecutive hours

commencing at 12:01 a.m. and concluding at midnight. In other words, it is a full 24-hour
period. On the other hand, ‘Working’ or ‘Business Days’ any day other than a Saturday,
Sunday, or a Public Holiday. It pertains to the days in which banks, establishments, or
other institutions are open. It can be construed, then, that when a law expressly states
that the number of days for the completion of certain requirements is based on ‘Calendar
Days’, it means to include the Saturdays, Sundays, and holidays, along with the working
or business days.

An application of this is the 10-day period provided in Art. 223 of the Labor Code.
The law refers to 10 calendar days and not 10 working days. This means that Saturdays,
Sundays and Legal Holidays are not to be excluded, but included, in counting the 10-day
period. This is in line with the objective of the law for speedy disposition of labor cases
with the end in view of protecting the interests of the working man.

This distinction has been discussed in the resolution “Re: Habitual Tardiness of
Clerk III John B. Benedito, Office of the Clerk of court, Regional Trial Court, Olongapo
City, Zambales” (A.M. No. P-17-3740, September 19, 2018). The said case involves an
inquiry involving the Court’s resolution which was silent whether Benedito’s suspension
from work shall be served using calendar or working days. Justice del Castillo admitted
that such omission in the resolution would lead to mistakes in the course of obligations
and transactions. Even in the exercise of utmost prudence, a man of common
understanding could not have determined with certainty whether such was by calendar
or working days if the law does not expressly state the same.

In conclusion, the Supreme Court in the 2019 Proposed Amendments

interpretation of ‘Calendar Days’ simply means any day of the week including working
or business days. This is necessary in order to distinguish the laws which provide
‘Working Days’ as the period of compliance. Those provisions expressing the period of
compliance as ‘Calendar Days’ shall be observed in the utmost diligence and good faith.